(a) (Liability of expert): The parties agree:
(i) that the expert will have no liability in connection with the expert determination; and
(ii) to indemnify the expert against any liability in connection with the expert determination,
except in the case of fraud on the part of the expert, in which case a Claim may be made against the expert by any person who is party to the Dispute.
(b) (Engagement): The State and Project Co must jointly engage the expert to provide services in connection with the expert determination process and each party will seek a separate Tax Invoice equal to its share of the costs of the expert.